Historic Environment (Wales) Act 2023

206 Additional provision about service on persons interested in or occupying land E+W

(1) This section applies (in addition to section 205) where a provision contained in or made under this Act requires or authorises a notice or other document to be served on a person—

(a) as having an interest in a building, monument or land, or

(b) as an occupier of a building, monument or land.

(2) Where the document is to be served on a person as having an interest in a building, monument or land, and the name of the person cannot be discovered after making reasonable inquiries, the document may be addressed to the person as “the owner” of the building, monument or land (which must be described).

(3) Where the document is to be served on a person as an occupier of a building, monument or land, it may be addressed to the person by name or as “the occupier” of the building, monument or land (which must be described).

(4) Subsection (5) applies—

(a) where—

(i) a document is to be served on a person as having an interest in a building, monument or land,

(ii) the person’s usual or last known place of residence cannot be discovered after making reasonable inquiries, and

(iii) the person has not given an address for the service of the document, or

(b) where a document is to be served on a person as an occupier of a building, monument or land.

(5) The document is to be treated as properly served if it is addressed to the person, clearly marked as an important communication affecting the person’s property, and is—

(a) sent to the building, monument or land by post and not returned as undelivered,

(b) handed to a person who is, or appears to be, resident or employed in or on the building, monument or land, or

(c) attached conspicuously to the building or monument or to an object on the site of the monument or on the land.

Commencement Information

I1 S. 206 not in force at Royal Assent, see s. 212

I2 S. 206 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)